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    • If you are buying a used car – you need to read this survival guide.
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    • Hello,

      On 15/1/24 booked appointment with Big Motoring World (BMW) to view a mini on 17/1/24 at 8pm at their Enfield dealership.  

      Car was dirty and test drive was two circuits of roundabout on entry to the showroom.  Was p/x my car and rushed by sales exec and a manager into buying the mini and a 3yr warranty that night, sale all wrapped up by 10pm.  They strongly advised me taking warranty out on car that age (2017) and confirmed it was honoured at over 500 UK registered garages.

      The next day, 18/1/24 noticed amber engine warning light on dashboard , immediately phoned BMW aftercare team to ask for it to be investigated asap at nearest garage to me. After 15 mins on hold was told only their 5 service centres across the UK can deal with car issues with earliest date for inspection in March ! Said I’m not happy with that given what sales team advised or driving car. Told an amber warning light only advisory so to drive with caution and call back when light goes red.

      I’m not happy to do this, drive the car or with the after care experience (a sign of further stresses to come) so want a refund and to return the car asap.

      Please can you advise what I need to do today to get this done. 
       

      Many thanks 
      • 81 replies
    • Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
      • 161 replies
    • We have finally managed to obtain the transcript of this case.

      The judge's reasoning is very useful and will certainly be helpful in any other cases relating to third-party rights where the customer has contracted with the courier company by using a broker.
      This is generally speaking the problem with using PackLink who are domiciled in Spain and very conveniently out of reach of the British justice system.

      Frankly I don't think that is any accident.

      One of the points that the judge made was that the customers contract with the broker specifically refers to the courier – and it is clear that the courier knows that they are acting for a third party. There is no need to name the third party. They just have to be recognisably part of a class of person – such as a sender or a recipient of the parcel.

      Please note that a recent case against UPS failed on exactly the same issue with the judge held that the Contracts (Rights of Third Parties) Act 1999 did not apply.

      We will be getting that transcript very soon. We will look at it and we will understand how the judge made such catastrophic mistakes. It was a very poor judgement.
      We will be recommending that people do include this adverse judgement in their bundle so that when they go to county court the judge will see both sides and see the arguments against this adverse judgement.
      Also, we will be to demonstrate to the judge that we are fair-minded and that we don't mind bringing everything to the attention of the judge even if it is against our own interests.
      This is good ethical practice.

      It would be very nice if the parcel delivery companies – including EVRi – practised this kind of thing as well.

       

      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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Purple v Halifax


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Hi all, Just a quick post to let you know how its going Friday the 8th September ordered the last 6 years of statement, which to my surprise:o arrived yesterday 14th September. So today been through them and found £325.00 of charges, filled in my spread sheet and sorting out the 14 day letter. Does anyone know if I add the 8% interest to the total I am asking for?

 

Thanks Purple X

26/09 Prelim contractual Interest

11/10 LBA

30/10 Filed N1

03/11 Deemed served

23/11 Offer Made

Lloyds TSB

Purple v Lloyds TSB

08/09 ordered statements.

23/09 Statements Received.

26/09 Prelim

03/10 Received standard response

11/10 LBA

30/10 Filed N1

03/11 Deemed served

08/11 Acknowledgement

24/11 AQ Received

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Hi Purple.

 

Don't add the 8% interest until you are at the Moneyclaim stage. Check out the Step by Step instructions in the FAQs section (or the Notes on the advanced interest calculator spreadsheet) if you aren't sure.

Morris v Halifax

Data Protection Act letter sent 20/6

Charge deducted from account 27/6

6 yrs statements received 25/8

Prelim sent 30/8 (£1014 charges + £156.11 interest).

Std reply & complaints leaflet received 5/9

Offer received £70 9/9

LBA sent 12/9

No reply to LBA - MCOL requested 26/9

Offer received 26/9 - £218.

MCOL issued 26/9, acknowledged 29/9

Offer 29/9 - full amount ex. o/draft interest

Accepted as partial

Credited to account 12/10

AQ sent for rest

Morris1 v Barclaycard

Prelim letter sent 31/8 (£60 charges + interest).

Standard reply 9/9

Offer 12/9 - full amount!! :smile:

Morris 2 v Barclaycard (Mrsbass!):

Data Protection Act letter sent 7/9

Standard reply received 19/9 inc statements 5/04 to date and microfiche bilge.

Prelim 20/9 £100+interest actual, +same estimated.

LBA 3/10

Partial offer £48 6/10

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Well done on the statements by the way!! (took me 2 months to get them!)

Morris v Halifax

Data Protection Act letter sent 20/6

Charge deducted from account 27/6

6 yrs statements received 25/8

Prelim sent 30/8 (£1014 charges + £156.11 interest).

Std reply & complaints leaflet received 5/9

Offer received £70 9/9

LBA sent 12/9

No reply to LBA - MCOL requested 26/9

Offer received 26/9 - £218.

MCOL issued 26/9, acknowledged 29/9

Offer 29/9 - full amount ex. o/draft interest

Accepted as partial

Credited to account 12/10

AQ sent for rest

Morris1 v Barclaycard

Prelim letter sent 31/8 (£60 charges + interest).

Standard reply 9/9

Offer 12/9 - full amount!! :smile:

Morris 2 v Barclaycard (Mrsbass!):

Data Protection Act letter sent 7/9

Standard reply received 19/9 inc statements 5/04 to date and microfiche bilge.

Prelim 20/9 £100+interest actual, +same estimated.

LBA 3/10

Partial offer £48 6/10

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Quick up date.

Hand delivered prelim letter Fri 15th Sep, the casher girl refused to give me a receipt and fetched the manager.:eek: Who after reading letter said "a standard response would be sent out." Before leaving the bank I let the manager know that if I had not received a letter by Mon 18th Sep then I would resend the prelim letter via recorded post.

Sat 16th Sep standard response received

(sorry your unhappy and your letter has been forwarded to our complaints department).

So the 14 days are ticking.:p

That's me all up to date will keep you informed

Purple

26/09 Prelim contractual Interest

11/10 LBA

30/10 Filed N1

03/11 Deemed served

23/11 Offer Made

Lloyds TSB

Purple v Lloyds TSB

08/09 ordered statements.

23/09 Statements Received.

26/09 Prelim

03/10 Received standard response

11/10 LBA

30/10 Filed N1

03/11 Deemed served

08/11 Acknowledgement

24/11 AQ Received

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Well done prepare for the Lba.......

Have a happy and prosperous 2013 by avoiiding Payday loans. If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.Before you decide,consider the users here who have already offered help and support.

Advice offered by Martin3030 is not supported by any legal training or qualification.Members are advised to use the services of fully insured legal professionals when needed.

 

 

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Good Morning all,:)

Received letter today making me an offer, not the full amount. I've only sent the prelim letter so a bit unsure what to do next. My LBA dose not go out for another 7 days.

1. Do I ignore the letter and just send the LBA in 7 days time? Or

2. Do I accept as part settlement via letter and then still send the LBA in 7 days.

If I accept as part settlement is the letter below ok to send. It's from the templates, but I've had to edit it a little.

Response to settlement offer.

 

Dear [named sender or Sirs]

Thank you for your letter dated xx/xx/xx

I respectfully decline your offer of settlement and request, once again, that you return to me all charges imposed on this account, totalling £xxxx

 

I will accept the sum offered only as part settlement and on the clear understanding that I will pursue recovery of the remainder, with a County Court claim if necessary.

 

My letter sent previously indicates that you have until xx/xx/xx to respond. You are reminded that there will be no extension to this timescale.

 

I trust this clarifies my position.

 

 

Yours faithfully

[signature]

[print name]

Any help please.

Thanks Purple:)

26/09 Prelim contractual Interest

11/10 LBA

30/10 Filed N1

03/11 Deemed served

23/11 Offer Made

Lloyds TSB

Purple v Lloyds TSB

08/09 ordered statements.

23/09 Statements Received.

26/09 Prelim

03/10 Received standard response

11/10 LBA

30/10 Filed N1

03/11 Deemed served

08/11 Acknowledgement

24/11 AQ Received

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Send the letter and carry on with the claim.:)

Have a happy and prosperous 2013 by avoiiding Payday loans. If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.Before you decide,consider the users here who have already offered help and support.

Advice offered by Martin3030 is not supported by any legal training or qualification.Members are advised to use the services of fully insured legal professionals when needed.

 

 

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After doing more reading on (compounded contractual Interest) and what people are doing now thinking of sending this letter.

Anyone got any advice??

 

 

Response to settlement offer.

 

Dear XXXXXXXX

 

Thank you for your letter dated XX/XX/XX

I respectfully decline your offer of settlement and request, once again that you return to me all charges imposed on this account, totalling £XXX.XX and further, I also claim compounded contractual interest at a rate of XXX% AER. I believe this rate to be justified under the principle of mutuality and reciprocity, and is based on your Unauthorised Overdraft interest rate that would be applied under the terms of the above mentioned account.

 

I will accept the sum offered only as part settlement and on the clear understanding that I will pursue recovery of the remainder, with a County Court claim if necessary.

 

My letter sent previously indicates that you have until XX/XX/XX to respond.

 

I trust this clarifies my position.

 

 

Yours faithfully

 

Thank you Purple:)

26/09 Prelim contractual Interest

11/10 LBA

30/10 Filed N1

03/11 Deemed served

23/11 Offer Made

Lloyds TSB

Purple v Lloyds TSB

08/09 ordered statements.

23/09 Statements Received.

26/09 Prelim

03/10 Received standard response

11/10 LBA

30/10 Filed N1

03/11 Deemed served

08/11 Acknowledgement

24/11 AQ Received

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No reason why not,but you must make it clear from the beginning that you are claiming this.

 

Lots of reading about this on the site...as well as contractual interest.

Have a happy and prosperous 2013 by avoiiding Payday loans. If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.Before you decide,consider the users here who have already offered help and support.

Advice offered by Martin3030 is not supported by any legal training or qualification.Members are advised to use the services of fully insured legal professionals when needed.

 

 

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Does that mean i should send out another prelim letter?

 

Thanks Purple:)

26/09 Prelim contractual Interest

11/10 LBA

30/10 Filed N1

03/11 Deemed served

23/11 Offer Made

Lloyds TSB

Purple v Lloyds TSB

08/09 ordered statements.

23/09 Statements Received.

26/09 Prelim

03/10 Received standard response

11/10 LBA

30/10 Filed N1

03/11 Deemed served

08/11 Acknowledgement

24/11 AQ Received

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Yes it does really.........best to play safe......you are fortunate that you only just started.

 

It will be well worth it tho :D

Have a happy and prosperous 2013 by avoiiding Payday loans. If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.Before you decide,consider the users here who have already offered help and support.

Advice offered by Martin3030 is not supported by any legal training or qualification.Members are advised to use the services of fully insured legal professionals when needed.

 

 

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Can any one advise on the suitability of this letter being sent as a revised prelim letter now i've discovered compounded contractual interest. my first letter was sent 15/09/06. Obviously, i will enclose a revised statement of charges and i am giving them an extra 14 days before i send an LBA.

Response to settlement offer.

 

Dear XXXXXXX

 

Thank you for your letter dated xx/xx/xx I respectfully decline your offer of settlement and request, once again that you return to me all charges imposed on this account, totalling £xxx.xx, and further, I also claim compounded contractual interest at a rate of 28.8% AER. I believe this rate to be justified under the principle of mutuality and reciprocity, and is based on your Unauthorised Overdraft interest rate that would be applied under the terms of the above mentioned account.

 

I will accept the sum offered only as part settlement and on the clear understanding that I will pursue recovery of the remainder, with a County Court claim if necessary.

 

My letter sent previously indicates that you have until xx/xx/xx to respond. However, due to the revision of my calculations, I will extend this timeframe for a further 14 days.

 

I trust this clarifies my position.

 

 

Yours faithfully

 

Thanks Purple:)

26/09 Prelim contractual Interest

11/10 LBA

30/10 Filed N1

03/11 Deemed served

23/11 Offer Made

Lloyds TSB

Purple v Lloyds TSB

08/09 ordered statements.

23/09 Statements Received.

26/09 Prelim

03/10 Received standard response

11/10 LBA

30/10 Filed N1

03/11 Deemed served

08/11 Acknowledgement

24/11 AQ Received

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Bump

---------------------------------------------------

Nationwide

Prelim sent 18/09/06

Revised prelim sent 26/09/06

LBA sent 11/10/06

N1 filed 30/10/06 served 3/11/06

Part payment £610.10 received 8/11/06

AQ filed 22/12/06

Cap One

S.A.R sent 08/09/06

Reply 20/09/06

Prelim sent 18/10/06

LBA sent 3/11/06

Barclaycard

S.A.R sent 08/09/06

Reply 14/09/06 Microfiche excuse

Response sent 18/09/06

Lloyds TSB (oh)

prelim sent 19/09/06

Revised prelim sent 26/09/06

LBA sent 11/10/06

N1 filed 30/10/06 served 3/11/06

Cap One (oh)

S.A.R sent 08/09/06

Reply 20/09/06

Prelim sent 18/10/06

LBA sent 3/11/06

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Just to keep every one up to date 26/9/06 sent out a refusal of offer with a new prelim letter, stating that I am now claiming compound contractual interest.

It's worth a try;)

Received a letter back on 28/09/06 (As a gesture of good-will I offered to refund 6 months (blar blar blar) which you refused to accept. (blar blar blar) we are not prepared to refund all of the charges that you have incurred on your account over the last 6 years.)

Lets see what happens.:confused:

Purple :p

26/09 Prelim contractual Interest

11/10 LBA

30/10 Filed N1

03/11 Deemed served

23/11 Offer Made

Lloyds TSB

Purple v Lloyds TSB

08/09 ordered statements.

23/09 Statements Received.

26/09 Prelim

03/10 Received standard response

11/10 LBA

30/10 Filed N1

03/11 Deemed served

08/11 Acknowledgement

24/11 AQ Received

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Yes a smart move

Well done;)

Have a happy and prosperous 2013 by avoiiding Payday loans. If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.Before you decide,consider the users here who have already offered help and support.

Advice offered by Martin3030 is not supported by any legal training or qualification.Members are advised to use the services of fully insured legal professionals when needed.

 

 

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Halifax seem to have gone very quiet since my last letter stating that I'm claiming compound contractual interest:confused: . Oh well just need to wait a few more days before I send the LBA, see if that gets things moving.

Purple X:)

26/09 Prelim contractual Interest

11/10 LBA

30/10 Filed N1

03/11 Deemed served

23/11 Offer Made

Lloyds TSB

Purple v Lloyds TSB

08/09 ordered statements.

23/09 Statements Received.

26/09 Prelim

03/10 Received standard response

11/10 LBA

30/10 Filed N1

03/11 Deemed served

08/11 Acknowledgement

24/11 AQ Received

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The way I look at it is. That I have nothing to lose by trying. The money they have taken in charges is already lost to me, so even if I just end up getting that back it would be great anything more is a bonus.

(They've done it to us for years) now the worm as turned:eek:

Purple X :)

26/09 Prelim contractual Interest

11/10 LBA

30/10 Filed N1

03/11 Deemed served

23/11 Offer Made

Lloyds TSB

Purple v Lloyds TSB

08/09 ordered statements.

23/09 Statements Received.

26/09 Prelim

03/10 Received standard response

11/10 LBA

30/10 Filed N1

03/11 Deemed served

08/11 Acknowledgement

24/11 AQ Received

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I'm really tempted to go contractual interest on my other Halifax account, too late to do it on the current claim as it's already at MCOL.

 

Can't wait to see what there response to you is!

 

Good Luck!

 

 

There are huge benefits.......but the most obvious one is the extra money which could double the claim.

N1 tho for this......which is well worth thinking about.

Have a happy and prosperous 2013 by avoiiding Payday loans. If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.Before you decide,consider the users here who have already offered help and support.

Advice offered by Martin3030 is not supported by any legal training or qualification.Members are advised to use the services of fully insured legal professionals when needed.

 

 

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Morning all, 14days up on Wednesday:D (woohoo) so today been getting my LBA sorted. It's printed along with schedule of charges in the envelope ready to go.

 

(It's great to be organised for once);)

 

Purple X :)

26/09 Prelim contractual Interest

11/10 LBA

30/10 Filed N1

03/11 Deemed served

23/11 Offer Made

Lloyds TSB

Purple v Lloyds TSB

08/09 ordered statements.

23/09 Statements Received.

26/09 Prelim

03/10 Received standard response

11/10 LBA

30/10 Filed N1

03/11 Deemed served

08/11 Acknowledgement

24/11 AQ Received

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Share on other sites

Don't think your prying at all, thats what this site is all about sharing info and helping each other out.

On the Lloyds TSB account yes, because the charges were from 2001 to 2002 with the Halifax not so much so as the charges are more recent.

Purple X:)

26/09 Prelim contractual Interest

11/10 LBA

30/10 Filed N1

03/11 Deemed served

23/11 Offer Made

Lloyds TSB

Purple v Lloyds TSB

08/09 ordered statements.

23/09 Statements Received.

26/09 Prelim

03/10 Received standard response

11/10 LBA

30/10 Filed N1

03/11 Deemed served

08/11 Acknowledgement

24/11 AQ Received

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LBA posted today. :D So lets see what this brings

Purple X:)

26/09 Prelim contractual Interest

11/10 LBA

30/10 Filed N1

03/11 Deemed served

23/11 Offer Made

Lloyds TSB

Purple v Lloyds TSB

08/09 ordered statements.

23/09 Statements Received.

26/09 Prelim

03/10 Received standard response

11/10 LBA

30/10 Filed N1

03/11 Deemed served

08/11 Acknowledgement

24/11 AQ Received

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